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HomeMy WebLinkAbout02-28-1984 City Council Minutes ~l~ MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CH~1BERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:40 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Knight. 00 ~ ~ ~ ~ o ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Barrick, City Planner Corcoran and City Clerk Money. PRESENTATIONS AND PROCLAMATIONS A. Proclamations and Certificates of Honor for Meritorious Services. Mayor Unsworth read Proclamations and awarded Certificates of Honor to: Michael Eric Anderson William Clayton Bowman Roy E. Callahan Jerry W. Conrad Deputy Sheriff Ross Cooper Chris John Crippen Chris Taylor B. Employee of the Month Award Mr. Knight presented the 'Employee of the Month' Award to Dale Probst, for the month of January, 1984, and congratulated him for the outstanding job he has done for the City. EXECUTIVE SESSION Council adjourned to Closed Session at 7:55 p.m. to discuss a personnel matter. Council reconvened at 8:21 p.m. CONSENT CALENDAR The following items were removed from the Consent Calendar for further considera- tion and discussion: . Item Nos. 2, 3, 4, 5 and 6. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE BAL~NCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. January 9, 1984 - Study Session - Approved. b. January 31, 1984 - Adjourned Meeting - Approved. c. February 2, 1984 - Study Session - Approved. d. February 14, 1984 - Regular Meeting - Approved. ~16 Page two City Council Minutes February 28, 1984 CONSENT CALENDAR - Continued. 7. Deferral of Off-Site Improvements - Dr. Richard Weymouth. Approved deferral of off-site improvements for Dr. Weymouth at 16625 Lakeshore Drive, authorized the Mayor to sign the agreement on behalf of the City and directed the City Clerk to arrange for recordation of agreement. Approved deletion of Condition No.6 requiring equitable participation in traffic signalization at Four Corners. .... 8. Deferral of Off-Site Improvements - Santillanes. Approved deferral of off-site improvements for Betty Jean Santillanes at 17249 McBride Avenue, authorized the Mayor to sign the agreement on behalf of the City and directed the City Clerk to arrange for recordation of the agreement. 9. Advertising for Services - Vehicle Abatement. Authorized advertising for Vehicle Abatement Services. 10. Set for Public Hearing - March 13, 1984 - Conditional Use Permit 84-2 - Approved. ITEMS R~10VED FROM CONSENT CALENDAR 2. Request for Use of Community Center Parking lot. Mrs. Valenzuela stated she must abstain from voting on this issue as she is involved in a similar business. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE REQUEST FOR USE OF COMMUNITY CENTER PARKING LOT, ONE SATURDAY PER MONTH, SUBJECT TO MR. ENNEN FILING A PLOT PLAN SHOWING PLACEMENT OF VEHICLES FOR NEWSPAPER --- COLLECTION AND PROCEEDS OF THIRTY DOLLARS PER TON TO BE DONATED TO THE NEIGHBORHOOD WATCH PROGRAM. 3. American Legion Request - Veteran's Day Parade. Mr. Knight requested Council give approval to hold the Veteran's Day Parade and request American Legion to bring back more information at the next Council meeting. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE VETERAN'S DAY PARADE, IN CONCEPT, AND DIRECT AMERICAN LEGION TO BRING BACK MORE INFORMATION AT NEXT COUNCIL MEETING. 4. Request for Proposal to Study Geothermal Distribution System. Eugene Carter, 109 N. Lowell, commented on past grants for geothermal studies. He feels the City should have a definite plan before pursuing more grant funds. Mrs. Valenzuela responded that considering all the benefits which our Valley would realize from the development of geothermal energy, she feels we owe it to this community to obtain all grants possible. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE REQUEST FOR PROPOSAL TO STUDY GEOTHERMAL DISTRIBUTION SYSTEM. 5. Mid-Year Budget - Fiscal Year 1983-1984 ... Eugene Carter, 109 N. Lowell, requested more information. Mr. Trevino read his report to Council regarding the mid-year budget. Discussion followed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE 1983-1984 MID-YEAR BUDGET. 311. Page three City Council Minutes February 28, 1984 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. 6. City Manager Agreement Mayor Unsworth invited anyone who wished to speak on this issue to come forward. Richard L. Knapp, 29690 Dwan, stated the extension of this contract was premature and should be tabled until next January when the new Council would have a voice in the decision. Paul Baccus, 17568 Lakeshore Drive, stated he thought the extension was premature, considering a year and one-half remained on the current contract. Bill Meyer, representing property owners in Lake Elsinore, stated this should be a decision of the new Council. XJ f'- f'- '-:> ~ o Pete Todd, 218 N. Chestnut Street, praised the work Mr. Trevino has done since becoming City Manager and spoke in favor of the contract extension. George Alongi, 629 Mill Street, stated it was unfair to saddle the new Council with this extension. Christine Patrick, 264 E. Peck Street questioned extending the contract at this time and why Mr. Trevino has not moved into the Valley, per the terms of the present contract. Douglas Kulberg, local businessman, 27715 Jefferson Street, Rancho California, stated that a manager must have authority, responsibility and security in order to perform his job well. By making them tentative, their efficiency is severely reduced. He commended the job Mr. Trevino has done as City Manager. Robert Vermillion, 31955 Corydon Road, objects to the extension of Mr. Trevino's contract at this time. Doug Roberts, 17183 Shrier Drive, stated that Council should consider, in the event the new Council did not get along with Mr. Trevino, it would be very costly to buyout his contract. Lee Allen, 270 Avenue 9, spoke in favor of the things Mr. Trevino has accomplished since he has been City Manager. Everett Wood, 29421 Third Street, urged delaying this extension for six months and let the new Council have a voice in the decision. Don Burnell, Corydon Road, stated he is pleased with Mr. Trevino's work but feels the contract should come up for renewal in January of 1985. Council discussion followed. Mr. Knight commented that government works very slowly and Mr. Trevino is needed to continue and follow through to completion, the many projects which he has initiated. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE EXTENSION OF THE CITY MANAGERS CONTRACT THROUGH JUNE 30, 1987. . ) AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: NONE ABSTAIN: TORN PERSONNEL MATTER Mr. Porter announced that he is resigning from his position as City Attorney for the City of Lake Elsinore, and read his letter of resignation which he submitted to Council. He recommended Council appoint Eugene A. Nazarek as his successor. He also accepted Council's offer to designate him as Special Counsel for pending litigation matters and stated he would be pleased and honored to continue serving the City of Lake Elsinore in this capacity. 31B Page four City Council Minutes February 28, 1984 PERSONNEL MATTER - Continued. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ACCEPT MR. PORTER'S RESIGNATION AS CITY ATTORNEY. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPOINT MR. PORTER AS SPECIAL COUNSEL FOR PENDING LITIGATION MATTERS. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPOINT EUGENE A. NAZAREK CITY ATTORNEY FOR THE CITY OF LAKE ELSINORE. - COUNCIL RECESSED AT 9:20 P.M. COUNCIL RECONVENED AT 9:38 P.M. Mayor Unsworth introduced Eugene A. Nazarek, the newly appointed City Attorney. The City Clerk administered the Oath of Office to Mr. Nazarek. PUBLIC HEARINGS 31. Conditional Use Permit 84-1 - James B. Wight, D.V.M. - Small Animal Out- Patient Clinic - 16776 W. Lakeshore Drive. Mayor Unsworth announced this was the time and place for a public hearing pursuant to application of Conditional Use Permit 84-1 and asked staff to identify the project and give staff recommendations. Mr. Trevino reported that Conditional Use Permit 84-1 is an application for establishment of an outpatient clinic for treatment of small animals. The Planning Commission recommends approval of Conditional Use Permit 84-1 subject to six (6) conditions: .... 1. Issuance of a Negative Declaration. 2. A finding of no significant impact upon the environment. 3. The facility will be adequately sound-proofed. 4. Comply with all County Health Department requirements. 5. No animals allowed to remain overnight. (Animals in attendance allowed to remain on premises. No outside kennel boarding facilities). 6. Animal emergency parking zone - 1 hour. Staff has found this proposal to be consistent with the intent of Lake Elsinore's General Plan. The City Clerk stated there has been no correspondence received by the City Clerk's Office regarding this project. Mayor Unsworth opened the public hearing at 9:40 p.m. asking those in favor of Conditional Use Permit 84-1 to speak. Adam Natalie, President of Elsinore Water District, stated he is in favor of this clinic. He suggested that the Clinic install a back-flow device on the water system, which is required by the Health Department. Mayor Unsworth asked those in opposition to Conditional Use Permit 84-1 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 9:42 p.m. -- MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 84-1 SUBJECT TO SIX PLANNING COMMISSION CONDITIONS. 31~ Page five City Council Minutes February 28, 1984 PUBLIC HEARINGS - Continued. 32. Weed Abatement Program. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the weed abatement program and asked staff to make recommendations. Mr. Trevino reported that, in the past, the City has used private contractors to perform weed abatement. Due to poor service and over-all cost of the program, the City decided to form its own weed abatement department. The program has been structured to be self-supporting. Mr. Trevino reviewed the recommended changes in the program. Staff recommends Council approve the weed abatement program in concept, adopt the resolution and appropriate $41,000 to fund this program until the end of the fiscal year. The City Clerk read correspondence from the following persons regarding the weed abatement program: 00 ~ ~ ~ ~ ~ Estill and Ona Broughton, 2111 La Salle Avenue, Torrance, CA 90501 H. Russell Paine, 606 Hermosa Vista, Monterey Park, CA 91754 Harvey E. Anderson, 3565 Rose Avenue, Long Beach, CA 90807 David R. Summerville, Los Angeles, California Dorethea M. Wight, 5969 Troth Street, Mira Lorna, CA 91752 Ronald E. Landers, 111 Los Altos Street, Oxnard, CA 93030 Evelyn T. Williams, 2946 West Blvd., Los Angeles, CA 90016 Joan and Ronald Shaw Elsie C. Amidon, 112 S. Coronado Street, Los Angeles, CA 90057 Mayor Unsworth opened the public hearing at 9:55 p.m. asking those in favor of the weed abatement program to speak. Adam Natalie, 16919 Bell Street, asked what areas are included in the program. He was informed the program is city-wide. Lee Allen, 270 Avenue 9, asked which areas would be abated first. Mr. Rodgers explained a schedule has been established, however, if there is an immediate need such as a high fire hazard, those will be abated first. Bernard Kaplan, 8881 Elshire Drive, Huntington Beach, asked about twenty- five lots he owns in the area. Pat Rodgers will follow-up. . Charles DAmour, 16729 Joy Street, complained about tons of dirt which has been hauled in and left for two years on a lot on Riverside Drive near Four Corners. Pat Rodgers will follow-up. Mayor Unsworth asked those in opposition to the weed abatement program to speak. The following people spoke: Q.L. Morgan, San Bernardino Bill Meyer, Murrieta Mike Dennis, Garden Grove Ruth Bostich, Roberts Street, Lake Elsinore George Tatis, San Diego Mayor Unsworth asked those having questfons regarding specific properties to see Pat Rodgers after the hearing. Mayor Unsworth closed the public hearing at 10:36 p.m. Council discussion followed. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE WEED ABATEMENT PROGRAM IN CONCEPT, APPROVE THE RESOLUTION AND APPROPRIATE $41,000 FROM THE UNAPPROPRIATED RESERVE IN ORDER TO FUND THE PROGRAM UNTIL THE END OF THE FISCAL YEAR. ~20 Page six City Council Minutes February 28, 1984 PUBLIC HEARINGS - Continued. 32. Weed Abatement Program - Continued. RESOLUTION NO. 84-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST THAT PROPERTY AND SHALL BE MADE A LIEN ON SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF STATE OF CALIFORNIA AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. - 33. Tentative Tract Map 19561 - Proposal to Subdivide 7~72 Acres into 28 Residential Lots and 2 Commercial Lots - Northwesterly of Ortega and Grand. Mayor Unsworth announced this was the time and place for a public hearing pursuant to application of Tentative Tract Map 19561 and asked staff to identify the project and give staff recommendations. Mr. Corcoran stated that he had asked for a continuance of this project since it was continued by the Planning Commission at their last meeting. Mayor Unsworth opened the public hearing at 10:43 p.m. and asked if anyone had come to speak on this project. No one asked to speak. The City Clerk reported no correspondence had been received by the City Clerk's Office regarding this project. -- MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING ON TENTATIVE TRACT MAP 19561 TO MARCH 27, 1984. BUSINESS ITEMS 51. Ordinance No. 689 - Local Sales and Use Tax - Second Reading. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 689 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO AMEND ORDINANCE NO. 527 AND LAKE ELSINORE MUNICI- PAL CODE SECTION 3.20.130 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 689 BY THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MAC MURRAY,. TORN, VALENZUELA, UNS~~ORTH NOES: NONE Mayor Unsworth excused himself at 10:45 p.m. and turned the meeting over to ... Mayor Pro-Tern Torn. 52. Community Service Organization - 1984 Budget - Peggy Lakey. Mr. Torn explained that the budget needed further review and recommended a study session be scheduled with Council and Peggy Lake. He recommended appropriation of $300.00 for the first event, a teen dance scheduled for March 10, 1984. ~:Gi Page seven City Council Minutes February 28, 1984 BUSINESS ITEMS - Continued. 52. Community Service Organization - 1984 Budget - Peggy Lakey - Continued. Mrs. Valenzuela introduced Daryl Rector, a student from Lake Elsinore High School who has been working with Peggy Lakey to coordinate youth activities in the Community. Daryl Rector addressed Council and urged approval of funding for these youth activities. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROPRIATE THREE HUNDRED ($300) DOLLARS FOR TEEN DANCE ON MARCH 10, 1984. CONSENSUS - Study Session scheduled for Monday, March 5, 1984 at 7:00 p.m. to discuss this program with Peggy Lakey and Daryl Rector. Mayor Unsworth returned to the meeting at 10:49 p.m. ~ t-- r-.. t~ o o 53. Commercial Project 84-1 - Wayne and Dorothy Morisette - Construction of Structure for Day Care Center on Property Located 90 Feet Southwesterly of the Intersection of Machado Street and Lakeshore Drive. Mr. Trevino reported that applicants, Wayne and Dorothy Morisette, submitted a proposal to construct a 4,000 square foot structure for a day care center on .83i acres located 90 feet southwesterly of the intersection of Machado Street and Lakeshore Drive. Project site is vacant and relatively flat. The current zoning is C-P (Commercial Park) and the General Plan land Use designation for said site is General Commercial/Office Professional. The current zoning and General Plan Land Use designation are compatible as outlined in the General Plan and will not adversely affect the environment. Proposed project will provide day care services and facilities to residents who would otherwise be forced to forego a dual income household. Proposed project will augment community lifestyle in providing a safe, healthy and needed service. Planning Commission and Design Review Board recommend site plan approval of Commercial Project 84-1. Wayne and Dorothy Morisette, applicants, addressed Council regarding the need for this type of quality day care service due to the increase in residents in the community. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE SITE PLAN FOR COMMERCIAL PROJECT 84-1. 54. Policy on Extent of Street Improvements Required by Ordinance No. 572. Mr. Trevino stated that Planning Commission has requested a joint study session to properly resolve the matter of interpretation of Ordinance No . 572 . CONSENSUS - Schedule Joint Study Session with Planning Commission and City Council on Thursday, March 8, 1984 at 7:00 p.m. and continue this item until after that Joint Study Session. REPORTS AND RECOMMENDATIONS 1) Mr. Mac Murray asked when we would be going to bid on the water well. Mr. Rubel stated staff is currently working on the plans and specifications for the water well project. 2) Mayor Unsworth reported that the Neighborhood Watch Program has received 66 new applications. There is still time for new applications before training sessions begin. 3) Mr. Knight announced the groundbreaking ceremony for the new school at Lemon and Orchard will be on Saturday, March 3, 1984 at 10:00 a.m. and urged everyone to attend. ~~2 Page eight City Council Minutes Februa ry 28, 1984 REPORTS AND RECOMMENDATIONS - Continued. Lee Allen, 270 Avenue 9, asked that the Senior Center be allowed to use the office vacated by the Park and Recreation District at the Community Center. He also asked about the projector which is no longer at the Community Center. Mr. Trevino will foll ow-up. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:21 P.M. - ~ h~~;I(:- J HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: - ...